State v. Foster

After a jury trial, Defendant was convicted of several offenses, including the crime of forgery in violation of Kan. Stat. Ann. 21-3710(a)(2). Defendant appealed his forgery conviction, which was based upon his attempt to cash a $350 check at CheckSmart. Defendant argued that the terms "issuing or delivering" in section 21-3710(a)(2) established alternative means of committing forgery and that the State did not present sufficient evidence that Defendant issued the forged check. The court of appeals upheld the forgery conviction. The Supreme Court affirmed, holding (1) the legislature did not intend to create alternative means of committing forgery, and consequently, the State did not have to present evidence that Defendant both issued the check and delivered the check; and (2) the substantial competent evidence that established that Defendant delivered a fraudulent check knowingly and with intent to defraud was sufficient to support Defendant's forgery conviction. View "State v. Foster" on Justia Law